Citizens United sequel filed

Two Justices had argued last month that the Montana case would give the Court a chance to reconsider Citizens United, because of the “huge sums” of money now being spent “to buy candidates’ allegiance.” Justice Ruth Bader Ginsburg, joined by Justice Stephen G. Breyer, nonetheless conceded in their statement that lower courts were still bound by the 2010 ruling freeing corporations and labor unions to spend as much as they wished on campaigns if they did so independently of candidates. The Court put on hold the state court ruling upholding a Montana law similar to the federal law nullified in Citizens United, at least until an appeal is decided.

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The petition is expected to draw a significant number of briefs by political advocacy organizations, many who oppose the Citizens United ruling, in order to lay before the Justices what is actually happening in campaign finance now.

The state of Montana has 30 days to file a response to the petition, unless that time is extended. If the Court does not decide the case by a summary ruling, it presumably would put it over until the new Term starting in October, and thus a final ruling would not come until after this year’s election season is over. In the meantime, because the state court ruling has been stayed by the Justices, corporations in Montana can spend as they wish in state campaigns this year.